Part 1.
RAILROAD COMMISSION OF TEXAS
Chapter 8.
PIPELINE SAFETY REGULATIONS
The Commission proposes amendments to §8.1, relating to General
Applicability and Standards, §8.201, relating to Pipeline Safety Program
Fees, and §8.210, relating to Reports.
Section 8.1(b) concerns minimum safety standards and adopts by reference
the United States Department of Transportation's (USDOT) pipeline safety standards
found in 49 U.S.C. §§60101,
et seq.
;
49 Code of Federal Regulations (CFR) Part 191, Transportation of Natural and
Other Gas by Pipeline; Annual Reports, Incident Reports, and Safety-Related
Condition Reports; 49 CFR Part 192, Transportation of Natural and Other Gas
by Pipeline: Minimum Federal Safety Standards; 49 CFR Part 193, Liquefied
Natural Gas Facilities: Federal Safety Standards; 49 U.S.C. §§60101,
USDOT's Amendment No. 192-96, published at 69 Federal Register (FR) 27861,
referred to a final rule published by the Research and Special Programs Administration
(RSPA) on September 15, 2003, concerning the operation and capacity of existing
pressure limiting and regulating stations on gas pipelines. The rule inadvertently
established a pressure limit that could require a reduction in the operating
pressure of some pipelines and be impracticable for others to meet. This direct
final rule establishes an appropriate pressure limit to avoid these unintended
results. The effective date for the direct final rule was September 14, 2004.
USDOT's Amendment No. 192-97, published at 29 FR 36024, concerned a regulation
published by RSPA requiring that new gas transmission lines and sections of
existing transmission lines in which pipe or components are replaced be designed
and constructed to accommodate the passage of instrumented internal inspection
devices. Responding to petitions for reconsideration, RSPA stayed enforcement
on some facilities and invited comments on proposed changes to the regulation.
The present action concludes RSPA's consideration of the petitions and comments.
For existing onshore transmission lines, this action restricts the regulation
to replacements of pipe or components. For offshore transmission lines, the
regulation is restricted to certain new lines that run between platforms or
from platforms to shore. The action aligns the regulation with the supporting
congressional directive and a related Marine Board recommendation. The effective
date was July 28, 2004; however, offshore transmission lines covered by revised §192.150
are those on which construction begins after December 28, 2005.
Amendment Nos. 192-98 and 195-82, published at 69 FR 48400, amended the
pipeline safety regulations to require operators of gas and hazardous liquid
pipelines to prepare and follow procedures for periodic inspections of pipeline
facilities located in the Gulf of Mexico and its inlets in waters less than
15 feet deep. These inspections will inform the operator if the pipeline is
exposed or a hazard to navigation. The effective date was September 9, 2004.
Amendment Nos. 195-81 and 199-22, published at 69 FR 32886, were part of
a RSPA final rule incorporating the most recent editions of the voluntary
consensus standards and specifications referenced in the federal pipeline
safety regulations to enable pipeline operators to utilize the most current
technology, materials, and industry practices in the design, construction,
and operation of their pipelines. This rule also increased the design pressure
limitation for new thermoplastic pipe, allowed the use of plastic pipe for
certain bridge applications, increased the time period for revision of maximum
allowable operating pressure after a change in class location, clarified welding
requirements, and made various other editorial clarifications and corrections.
The final rule does not require pipeline operators to undertake any significant
new pipeline safety initiatives. The effective date was July 14, 2004. After
this effective date, RSPA published a correction to Amendment 195-81 at 69
FR 54591; the original final rule included an inadvertent error in the definition
of "transmission line" in §192.3, failed to properly amend Appendix B
to part 192, inadvertently reversed a recent amendment to a welder qualification
requirement in §195.222, and contained several typographical errors.
The correction revises the relevant sections. The effective date remained
July 14, 2004.
In a previous adoption of updated USDOT changes, the Commission inadvertently
left out USDOT Amendment No. 21 to 49 CFR Part 199. That amendment, published
at 68 FR 75455, concerned USDOT's drug and alcohol testing rules and included
requirements for select employers to submit drug and alcohol testing data
to five DOT agencies. In the past, these employers have been required to use
agency-specific Management Information System (MIS) forms for this purpose,
21 different forms in all. USDOT published a final rule revising these MIS
forms into a single one-page form for use through all the DOT agencies. The
requirement for use of the form is now in 49 CFR Part 40. By this action,
the DOT agencies endorsed the use of this single form within their regulated
industries, provided their regulated employers with guidance for submission
of the form, and amended their rules accordingly. The DOT agencies are the
Federal Motor Carrier Safety Administration (FMCSA), the Federal Aviation
Administration (FAA), the Federal Transit Administration (FTA), the Federal
Railroad Administration (FRA), and the Research and Special Programs Administration
(RSPA). The effective date of that action was December 31, 2003. The Commission
includes this amendment in this proposal for clarification purposes; pipeline
operators were already required to comply with the amendment as of December
31, 2003.
The proposed amendments in §8.201(a) correct a typographical error;
in subsection (b)(1) and (2) change the calendar year from 2003 to 2004 and
the deadline by which the annual pipeline safety program fee is to be filed
from March 15, 2004, to March 15, 2005; and in subsection (b)(3)(E) add wording
that state agencies, as defined in Texas Utilities Code, §101.003, shall
not be billed this fee. This exemption is being proposed as part of the resolution
of litigation brought by the Office of the Attorney General challenging the
Commission's authority to charge the pipeline safety fee to state agency customers
of gas utilities. The fee remains at $0.37.
The proposed amendment in §8.210(a)(4)(A) corrects an internal citation.
Mary McDaniel, Director, Safety Division, has determined that for the first
five years the amendments will be in effect, there will be no fiscal implications
for state or local governments as a result of enforcing or administering the
proposed amendments. Specifically with regard to the proposed amendments in §8.201,
Ms. McDaniel has determined that the $0.37 per service line pipeline safety
fee will continue to generate sufficient revenue to the Commission for the
pipeline safety program even with the exemption of state agency customers.
Ms. McDaniel has determined that for each year of the first five years
that the amendments will be in effect, the primary public benefit will be
the continuation of the Commission's Pipeline Safety program to ensure public
safety with regard to pipeline operations and accurate reference to federal
pipeline safety standards enforced by the Commission.
The Commission anticipates that there will be no additional cost to individuals,
small businesses, or micro-businesses of complying with the proposed amendments.
The proposed amendment to §8.1 would simply change the date as of which
the Railroad Commission has adopted by reference the federal pipeline safety
rules. Texas pipelines are already required to comply with the federal rules.
Under 49 U.S.C. §§60101,
et seq.
,
the Railroad Commission is authorized to enforce pipeline safety laws so long
as the state's scheme of regulation is as strict as or stricter than the federal
system. In order to be considered "as strict as or stricter than" the federal
scheme of regulation, the state must adopt every federal rule; there are no
exceptions for rules of limited application. Therefore, even though the rules
already apply in Texas, the Railroad Commission must also adopt the rules
for its own system. The proposed amendments to §8.201 correct typographical
errors; amend the dates on which operators of natural gas distribution systems
and master meter systems are obligated to file reports and/or remit pipeline
safety fee assessments to the Commission; and explicitly exempt state agency
customers from payment of the fee. These changes do not impose a greater burden
on any affected person or state agency; to the extent that a state agency
is affected by the proposed explicit exemption, it is a benefit of $0.37 per
service line per year. Finally, the proposed amendment to §8.210(a)(4)(A)
corrects an internal citation, but does not change the scope or application
of the rule.
The public benefit anticipated as a result of the enforcement of these
amendments will be enhanced public safety and increased awareness of safety
requirements in the transportation of natural gas, carbon dioxide, and hazardous
liquids because the rules will be correctly stated.
Comments on the proposal may be submitted to Rules Coordinator, Office
of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or
by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will
accept comments for 30 days after publication in the
Texas Register
; comments should refer to Docket No. 9566. The Commission
encourages all interested persons to submit comments no later than the deadline.
The Commission cannot guarantee that comments submitted after the deadline
will be considered. For further information, call Ms. McDaniel at (512) 463-7166.
The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.
Subchapter A. GENERAL REQUIREMENTS AND DEFINITIONS
16 TAC §8.1
The Commission proposes the amendments under Texas Natural
Resources Code, §81.051 and §81.052, which give the Commission jurisdiction
over all common carrier pipelines in Texas, persons owning or operating pipelines
in Texas, and their pipelines and oil and gas wells, and authorize the Commission
to adopt all necessary rules for governing and regulating persons and their
operations under the jurisdiction of the Commission as set forth in §81.051,
including such rules as the Commission may consider necessary and appropriate
to implement state responsibility under any federal law or rules governing
such persons and their operations; Texas Utilities Code, §§121.201
- 121.210, which authorize the Commission to adopt safety standards and practices
applicable to the transportation of gas and to associated pipeline facilities
within Texas to the maximum degree permissible under, and to take any other
requisite action in accordance with, 49 United States Code Annotated, §§60101,
Texas Natural Resources Code, §81.051 and §81.052; Texas Utilities
Code, §§121.201 - 121.211; and 49 United States Code Annotated, §§60101,
Statutory authority: Texas Natural Resources Code, §81.051 and §81.052;
Texas Utilities Code, §§121.201 - 121.211; and 49 United States
Code Annotated, §§60101,
et seq
.
Cross-reference to statute: Texas Natural Resources Code, Chapter 81; Texas
Utilities Code, Chapter 121; and 49 United States Code Annotated, Chapter
601.
Issued in Austin, Texas, on February 8, 2005.
§8.1.General Applicability and Standards.
(a)
(No change.)
(b)
Minimum safety standards. The Commission adopts by reference
the following provisions, as modified in this chapter, effective
September
14, 2004
[
(1) - (3)
(No change.)
(c) - (f)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 8, 2005.
TRD-200500586
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Earliest possible date of adoption: March 27, 2005
For further information, please call: (512) 475-1295
16 TAC §8.201, §8.210
The Commission proposes the amendments under Texas Natural
Resources Code, §81.051 and §81.052, which give the Commission jurisdiction
over all common carrier pipelines in Texas, persons owning or operating pipelines
in Texas, and their pipelines and oil and gas wells, and authorize the Commission
to adopt all necessary rules for governing and regulating persons and their
operations under the jurisdiction of the Commission as set forth in §81.051,
including such rules as the Commission may consider necessary and appropriate
to implement state responsibility under any federal law or rules governing
such persons and their operations; Texas Utilities Code, §§121.201
- 121.210, which authorize the Commission to adopt safety standards and practices
applicable to the transportation of gas and to associated pipeline facilities
within Texas to the maximum degree permissible under, and to take any other
requisite action in accordance with, 49 United States Code Annotated, §§60101,
Texas Natural Resources Code, §81.051 and §81.052; Texas Utilities
Code, §§121.201 - 121.211; and 49 United States Code Annotated, §§60101,
Statutory authority: Texas Natural Resources Code, §81.051 and §81.052;
Texas Utilities Code, §§121.201 - 121.211; and 49 United States
Code Annotated, §§60101,
et seq
.
Cross-reference to statute: Texas Natural Resources Code, Chapter 81; Texas
Utilities Code, Chapter 121; and 49 United States Code Annotated, Chapter
601.
Issued in Austin, Texas, on February 8, 2005.
§8.201.Pipeline Safety Program Fees.
(a)
Pursuant to Texas Utilities Code, §121.211, the Commission
establishes a pipeline safety inspection fee, to be assessed annually against
operators of natural gas distribution pipelines and pipeline facilities and
natural gas master metered pipelines and pipeline facilities subject to the
Commission's pipeline safety jurisdiction under Texas Utilities Code, Chapter
121. The total amount of revenue estimated to be collected under this section
does not exceed the amount the Commission estimates to be necessary to recover
the costs of administering the pipeline safety program under Texas Utilities
Code, Chapter 121, excluding costs that are fully funded by federal sources
for
[
(b)
The Commission hereby assesses each investor-owned natural
gas distribution system and each municipally owned natural gas distribution
system an annual pipeline safety program fee of $0.37 for each service (service
line) reported to be in service at the end of calendar year
2004
[
(1)
Each operator of an investor-owned natural gas distribution
system and each operator of a municipally-owned natural gas distribution system
shall calculate the total amount of the annual pipeline safety program fee
to be paid to the Commission by multiplying the number of services listed
in Part B, Section 3, of Department of Transportation (DOT) Distribution Annual
Report, Form F7100.1-1, due to be filed on March 15,
2005
[
(2)
Each operator of an investor-owned natural gas distribution
system and each operator of a municipally-owned natural gas distribution system
shall remit to the Commission on March 15,
2005
[
(3)
Each operator of an investor-owned natural gas distribution
system and each operator of a municipally-owned natural gas distribution system
shall recover, by a surcharge to its existing rates, the amount the operator
paid to the Commission under paragraph (1) of this subsection. The surcharge:
(A) - (B)
(No change.)
(C)
shall be applied in the billing cycle or cycles immediately
following the date on which the operator paid the Commission; [
(D)
shall not exceed $0.50 per service or service line
; and
[
(E)
shall not be billed to a state agency,
as that term is defined in Texas Utilities Code, §101.003.
(4) - (6)
(No change.)
(c) - (d)
(No change.)
§8.210.Reports.
(a)
Accident, leak, or incident report.
(1) - (3)
(No change.)
(4)
Written report.
(A)
Following the initial telephonic report for accidents,
leaks, or incidents described in paragraph
(1)
[
(B) - (D)
(No change.)
(b) - (d)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on February 8, 2005.
TRD-200500587
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Earliest possible date of adoption: March 27, 2005
For further information, please call: (512) 475-1295
Chapter 26.
SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
Subchapter C. QUALITY OF SERVICE
16 TAC §26.54
The Public Utility Commission of Texas (commission) proposes
an amendment to §26.54, specifically §26.54(c)(2) and (c)(6)(A)
relating to service quality objectives, such as operator-handled calls and
customer trouble report rates. The proposed amendment is intended to alter
performance benchmarks for dominant carriers in order to have a meaningful
and attainable standard in changing telecommunications market conditions.
Project Number 29897 is assigned to this proceeding.
Katherine Farrell, Staff Attorney, Legal and Enforcement Division, and
Nara Srinivasa, Director of the Network Analysis Section, Telecommunications
Division, have determined that for each year of the first five-year period
the proposed section is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the section.
Ms. Farrell and Mr. Srinivasa have determined that for each year of the
first five years the proposed section is in effect the public benefit anticipated
as a result of enforcing the section will be to ensure that the customers
are provided a reasonable level of service in an evolving competitive environment.
Ms. Farrell and Mr. Srinivasa have determined that for each year of the
first five years the proposed section is in effect there will be no adverse
economic effect on small businesses or micro-businesses as a result of enforcing
this section. There may be economic costs to persons who are required to comply
with the proposed section. These costs are the result of altering internal
company guidelines, are likely to vary from business to business, and are
difficult to ascertain. However, Staff believes that the benefits accruing
from implementation of the proposed section will outweigh these costs.
Ms. Farrell and Mr. Srinivasa have also determined that for each year of
the first five years the proposed section is in effect there should be no
effect on a local economy, and therefore no local employment impact statement
is required under Administrative Procedure Act (APA), Texas Government Code §2001.022.
The commission staff will conduct a public hearing on this rulemaking,
if requested pursuant to the Administrative Procedure Act, Texas Government
Code §2001.029, at the commission's offices located in the William B.
Travis Building, 1701 North Congress Avenue, Austin, Texas 78701 on Friday,
April 1, 2005. The request for a public hearing must be received within 30
days after publication.
Comments on the proposed amendment may be submitted to the Filing Clerk,
Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326,
Austin, Texas 78711-3326, within 30 days after publication. Sixteen copies
of comments to the proposed amendment are required to be filed pursuant to §22.71(c)
of this title. Reply comments may be submitted within 45 days after publication.
Comments should be organized in a manner consistent with the organization
of the proposed rule(s). The commission invites specific comments regarding
the costs associated with, and benefits that will be gained by, implementation
of the proposed section. The commission will consider the costs and benefits
in deciding whether to adopt the section. All comments should refer to Project
Number 29897.
This amendment is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2005) (PURA), which provides the Public Utility Commission with the authority
to make and enforce rules reasonably required in the exercise of its powers
and jurisdiction.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002,
55.001, 55.002, and 55.003.
§26.54.Service Objectives and Performance Benchmarks.
(a) - (b)
(No change.)
(c)
The DCTU shall comply with the service quality objectives
established below in providing the basic telecommunications service to its
end-use customers. The DCTU shall file its service quality performance report
on a quarterly basis. The report shall include its monthly performance for
each category of performance objective and a summary of its corrective action
plan for each exchange in which the performance falls below the benchmark.
Additionally, the corrective action plan shall include, at a minimum, details
outlining how the needed improvements will be implemented within three months
and result in performance at or above the applicable benchmark.
(1)
(No change.)
(2)
Operator-handled calls. DCTUs shall maintain adequate personnel
to provide an average operator answering performance as follows for each exchange
on a monthly basis:
(A)
Eighty-five percent of toll and assistance operator calls
answered within ten seconds, or average answer time shall not exceed 3.3 seconds.
Benchmark for Corrective Action: If the performance is
either
below
85% within ten seconds
,
[
(B)
Ninety percent of repair service calls[
(C)
Eighty-five percent of directory assistance calls shall
be answered within ten seconds or the average answer time shall not exceed
5.9 seconds. Benchmark for Corrective Action: If the performance is
either
below 85% within ten seconds
,
or if the average answer
time exceeds 5.9 seconds at any answering location
in
[
(D) - (E)
(No change.)
(3) - (5)
(No change.)
(6)
Customer trouble reports.
(A)
The DCTU shall maintain its network service in a manner
that it receives no more than three customer trouble reports
on a company-wide
basis
, excluding customer premises equipment (CPE) reports, per 100
customer access lines per month (on average). Performance Benchmark Applicable
for Corrective Action: If the customer trouble report exceeds
3.0% (three
per 100 access lines) for a large exchange or 6.0% (6 per 100 access lines)
for a smaller exchange for three consecutive months
[
(B) - (D)
(No change.)
(7)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 10, 2005.
TRD-200500604
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: March 27, 2005
For further information, please call: (512) 936-7223
Chapter 66.
REGISTRATION OF PROPERTY TAX CONSULTANTS
16 TAC §66.80, §66.82
The Texas Department of Licensing and Regulation ("Department")
proposes amendments to 16 Texas Administrative Code §66.80 and §66.82,
regarding fees in the registration of property tax consultants program.
The amendment to §66.80 proposes to lower the original application
fee for a property tax consultant from $100 to $50 and the original application
fee for a senior property tax consultant from $150 to $75. The amendment to §66.82
proposes to lower the fee for issuing a duplicate registration from $50 to
$25. Texas Occupations Code, §51.202 requires the Department to set fees
in amounts reasonable and necessary to cover the costs of administering programs
under its jurisdiction. The Department conducted its annual fee review pursuant
to §51.202 and recommended to the Texas Commission of Licensing and Regulation
("Commission") that the referenced fees be reduced as indicated. The revenue
generated by current fees exceeds the amount required by the Department to
cover costs of administering the property tax consultants program. On August
9, 2004, the Commission directed the Department to initiate the recommended
fee reductions.
William H. Kuntz, Jr., Executive Director, has determined that for the
first five-year period the proposed amendments are in effect there will be
no cost to state or local government as a result of enforcing or administering
the amended sections.
Mr. Kuntz also has determined that for each year of the first five-year
period the amendments are in effect, the public benefit will be lower application
fees.
The Department anticipates decreased economic costs to licensees, small
businesses, micro-businesses, or other persons who are required to comply
with the amendments as proposed because of the proposed fee reductions.
Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive
Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin,
Texas 78711, or facsimile (512) 475-3032, or electronically: whkuntz@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register
.
The amendments are proposed under Texas Occupations Code, Chapter
1152 and Chapter 51, §§51.201, 51.202, and 51.203 which authorizes
the Department to adopt rules as necessary to implement this chapter and any
other law establishing a program regulated by the Department and which requires
the Commission to set fees in amounts reasonable and necessary to cover the
costs of administering Department programs.
The statutory provisions affected by the proposal are those set forth in
Texas Occupations Code, Chapter 1152 and Chapter 51. No other statutes, articles,
or codes are affected by the proposal.
§66.80.Fees.
(a)
The non-refundable original application fee for a property
tax consultant is
$50
[
(b)
The non-refundable original application fee for a senior
property tax consultant is
$75
[
(c) - (g)
(No change.)
§66.82.Fees--Duplicate Registration.
A
$25
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 7, 2005.
TRD-200500570
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: March 27, 2005
For further information, please call: (512) 463-7348
16 TAC §§70.10, 70.70, 70.74, 70.101, 70.102
The Texas Department of Licensing and Regulation ("Department")
proposes amendments to existing rules at 16 Texas Administrative Code, §§70.10,
70.70, 70.74, 70.101, and 70.102 regarding industrialized buildings. The rules
as proposed were approved by the Texas Industrialized Building Code Council.
The rules are necessary to provide clarification in terminology, update references
to various codes, and update the recertification process for industrialized
buildings.
The amendment to §70.10 is necessary to add the definition of "construction
documents," which is a term that will be used in the rules for greater consistency
and clarity.
The amendment to §70.70(c)(9) is necessary to refer to the correct
article of the National Electrical Code.
The term "plans and specifications" has been replaced with the term "construction
documents" throughout rule §70.74. The amendment to §70.74(c) clarifies
that "ordinary" repairs shall not be considered alterations. The amendment
to §70.74(d) clarifies that alteration decals are used to recertify industrialized
buildings designed to be moved from one commercial site to another commercial
site. The amendment to §70.74(e)(1) does not permit an industrialized
builder or installation permit holder to change the design review agency (DRA)
used to review and approve alteration construction documents without approval
from the Department and sets record retention requirements for all records
pertinent to the alterations.
The amendments to §70.74(f) accomplish the following: clarify that
only industrialized buildings designed to be moved and that were previously
certified under the Texas Industrialized Housing and Building (IHB) program
may be recertified, require that a copy of the original data plate be submitted
to the DRA with the alteration construction documents submitted for review
and approval, clarify that repairs other than ordinary repairs are considered
alterations, specify that the industrialized builder purchases alteration
decals from the Department to affix to recertified modules, and specify that
the alteration decals shall only be released to the third party inspection
agency responsible for the alteration inspections. Additional amendments to §70.74(f)
define the types of industrialized buildings that may be recertified and the
approval and inspection process for recertifying these buildings. The amendments
to §70.74(f)(1) specify the requirements for recertification class 1,
which applies to buildings that have not been previously altered and for which
original approved construction documents exist. Section 70.74(f)(2) specifies
the requirements for recertification class 2 buildings where original approved
construction documents do not exist. Section 70.74(f)(3) specifies the requirements
for recertification class 3 buildings where original approved construction
documents exist, but the building has been altered from those documents. Section
70.74(f)(4) specifies the requirements for recertification class 4 buildings
that have been previously recertified. Section 70.74(f)(5) specifies the requirements
for recertifying a building where emergency repairs (that do not qualify as
ordinary repairs) to the building are necessary. Section 70.74(f)(6) specifies
the plan approval requirements for recertification construction documents
and requires the use of the Council's stamp of approval for altered or recertified
buildings. Section 70.74(f)(7) sets the inspection requirements for recertifying
industrialized buildings. The amendments to §70.74(g) clarify that the
data plate is for recertification and alterations of industrialized housing
and buildings.
The amendments to §70.101(d) amend section 101.2 of the International
Building Code (IBC) to require that alterations be reviewed for compliance
with the International Existing Building Code (IEBC). Section 70.101(i) amends
the 2003 IEBC to replace the accessibility standards referenced in this code
with the Texas Accessibility Standards, to delete chapter 10 (Historic Buildings)
as not relevant, and to amend section 1201.2 to apply to structures existing
prior to July 1, 2004 (adoption date of 2003 codes).
The amendments to §70.102 require compliance with the mandatory building
codes for new buildings for a building that has not been previously occupied
or used for its intended purpose and compliance with the 2003 IEBC for recertification
of existing industrialized buildings.
William H. Kuntz, Jr., Executive Director, has determined that for the
first five-year period the proposed amendments are in effect there may be
some additional costs to the Department in implementing and enforcing the
rules. The Department may be required to conduct additional plan reviews,
inspections, and builder audits. It is anticipated that any additional costs
will not be substantial and can be absorbed within existing budget constraints.
It is not anticipated that there will be any fiscal implications to local
government.
Mr. Kuntz also has determined that for each year of the first five-year
period the amendments are in effect, the public benefit will be increased
safety of industrialized buildings. In addition, the incorporation of the
IEBC into the rules likely will encourage greater use of existing industrialized
buildings, without compromising public safety.
Mr. Kuntz also has determined that for each year of the first five-year
period the amendments are in effect, there may be some economic costs to persons
required to comply with the amended rules. This is because the rules are likely
to increase the number of recertifications of existing buildings, and there
would be a cost to the builder to go through the recertification process.
Under current rules, recertification has been a little-used procedure. For
the same reason, there could also be some additional costs to small or micro-businesses
in the industrialized building industry. However, it is anticipated that the
rules will lower compliance costs, including costs to small and micro-businesses,
from the incorporation of the IEBC into the rules. The IEBC is designed to
encourage the use and re-use of existing buildings by setting reasonable requirements
for alterations of existing buildings that are more predictable and consistent
than the requirements of the IBC. The Department is unable to provide a precise
estimate of these economic effects.
Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive
Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin,
Texas 78711, or facsimile 512/475-3032, or electronically: whkuntz@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register
.
The amendments are proposed under Texas Occupations Code, Chapter
51, which authorizes the Department to adopt rules as necessary to implement
this chapter and any other law establishing a program regulated by the Department,
and Texas Occupations Code, Chapter 1202.
The statutory provisions affected by the proposal are those set forth in
Texas Occupations Code, Chapter 51 and Chapter 1202. No other statutes, articles,
or codes are affected by the proposal.
§70.10.Definitions.
(a)
The following words and terms, when used in this chapter,
shall have the following meanings, unless the context clearly indicates otherwise.
(1)
Alteration--Any construction, other than ordinary repairs
of the house or building, to an existing industrialized house or building
after affixing of the decal by the manufacturer. Industrialized housing or
buildings that have not been maintained shall be considered altered.
(2)
Alteration decal--The approved form of certification issued
by the department to an industrialized builder to be permanently affixed to
a module indicating that alterations to the industrialized building module
have been constructed to meet or exceed the code requirements and in compliance
with this chapter.
(3)
Building site--A lot, the entire tract, subdivision, or
parcel of land on which industrialized housing or buildings are sited.
(4)
Building system--The design and/or method of assembly of
modules or modular components represented in the plans, specifications, and
other documentation which may include structural, electrical, mechanical,
plumbing, fire protection, and other systems affecting health and safety.
(5)
Chapter 1202--Texas Occupations Code, Chapter 1202, Industrialized
Housing and Buildings.
(6)
Closed construction--That condition where any industrialized
housing or building, modular component, or portion thereof is manufactured
in such a manner that all portions cannot be readily inspected at the site
without disassembly or destruction thereof.
(7)
Commercial structure--An industrialized building classified
by the mandatory building codes for occupancy and use groups other than residential
for one or more families. The term shall not include a structure that is not
installed on a permanent foundation and either is not open to the public or
is less than 1,500 square feet in total area and not used as a school or place
of religious worship.
(8)
Compliance Control Program--The manufacturer's system,
documentation, and methods of assuring that industrialized housing, buildings,
and modular components, including their manufacture, storage, handling, and
transportation conform with Chapter 1202 and this chapter.
(9)
Construction documents--The
aggregate of all plans, specifications, calculations, and other documentation
required to be submitted to the design review agency for compliance review
to the mandatory building code.
(10)
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(22)
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(b)
Other definitions may be set forth in the text of the sections
in this chapter. For purposes of these sections, the singular means the plural,
and the plural means the singular.
(c)
Where terms are not defined in this section or in other
sections in this chapter and are defined in the mandatory building codes as
referenced in §70.100, such terms shall have the meanings ascribed to
them in these codes unless the context as the term is used clearly indicates
otherwise. Where terms are not defined in this section or other sections in
this title or in the mandatory building codes, such terms shall have ordinarily
accepted meanings such as the context implies.
§70.70.Responsibilities of the Registrants--Manufacturer's Design Package.
(a)
Review and approval. The manufacturer's design package
must be reviewed and approved in accordance with the following.
(1)
The manufacturer must select a council approved design
review agency (DRA) to perform all required review and evaluation of plans,
designs, specifications, compliance control, and on-site construction documentation,
etc. This selection shall be made in writing to the executive director and
will state the name, address, and registration number of the design review
agency selected.
(2)
An approved DRA shall review all designs, plans, specifications,
calculations, compliance control programs, on-site construction documentation
or specifications, and other documents as necessary to assure compliance with
the mandatory building codes in accordance with the interpretations, instructions,
and determinations of the council. The reviews are to be performed or directly
supervised by the DRA's certified plans reviewers for the discipline (electrical,
plumbing, mechanical, structural, building planning, or fire safety) as listed
and approved in the agency's organizational chart. A DRA's plans reviewers
must be certified pursuant to the criteria established by the council as set
forth in §70.22. The department or DRA will obtain from the manufacturer
such information as is necessary to assure that the manufacturer's designs
and procedures are in compliance with the mandatory building codes and the
sections in this chapter.
(3)
All documents shall have all pages numbered and arranged
in accordance with a table of contents. The floor plans shall have no scale
smaller than 1/8th inch equals one foot. All documents shall be identified
to indicate the manufacturer's name and address.
(4)
The DRA will signify approval of a drawing, specification,
calculation, or any other document in the manufacturer's design package by
applying the council's stamp to each page. An alternate council stamp as approved
by the council may be used on all designs, plans, specifications, calculations,
and other documentation with the exception of the first or cover page and
the table of contents or index pages of the design package. The original council
stamp with original signature will be required on these pages. The signature
on the original council stamp must be the signature of the manager or chief
executive officer of the DRA. The manager or chief executive officer of the
DRA must be licensed in the State of Texas as a professional engineer or architect
in accordance with the criteria for approval of DRA's established by the council.
The stamp shall not be placed on any designs, plans, or specifications which
do not meet the requirements of the applicable mandatory building codes or
the requirements of these sections. The manufacturer and the DRA shall keep
copies of the approved documents. The manufacturer shall keep a copy of all
approved documents for a minimum of ten years from the date the last unit
constructed from the documents is shipped and make a copy of these documents
available to the Department upon request. The DRA shall keep a copy on file
of all approved documents for a minimum of five years from the date that these
documents are superseded by adoption of later editions of the mandatory building
codes and make a copy of these documents available to the Department upon
request. The manufacturer shall make a copy available to the person performing
in-plant inspections. A DRA will forward one approved copy of the design package,
including additions and revisions, to the department within five days of approval
and will return one approved copy to the manufacturer.
(5)
Approvals dated before the effective date of the adoption
of the codes in §70.100 are not valid for industrialized housing, buildings,
modules, and modular components constructed after the effective date of adoption
unless steps are taken to transition the approval to the new code editions
in accordance with subparagraphs (B) and (C) of this paragraph. Manufacturers
will be notified of the change in code editions 180 days before the effective
date of the change. Manufacturers who wish to continue building to previously
approved documents must resubmit these documents to their DRA for review and
approval to the new code editions. Approval of these documents will be evidenced
by application of a new approval date and the council's stamp of approval
to each document. The manufacturer may make the transition from current code
edition to new code edition in any of the following ways.
(A)
The approval date on all documents in the manufacturer's
design package will be on or after the effective date of adoption of the new
edition of the codes in §70.100.
(B)
The manufacturer may transition approval of documents in
his design package any time within the 180 days prior to the effective date
of the adoption of the new editions of the codes. The manufacturer must notify
the department in writing of the effective date of transition. All documents
approved on or after that date shall be to the new editions of the codes.
All previously approved supporting documentation, such as compliance control
manuals, system calculations, etc., must be resubmitted to the DRA for review
and approval to the new code editions and must be approved as of the effective
date of transition specified by the manufacturer.
(C)
The manufacturer may submit a written description of any
other method of transition to the department for approval.
(6)
A DRA may withdraw the approval of any document whenever
the approval is later found to be in violation of code requirements or the
rules and regulations in this chapter. Notice of the withdrawal of the approval
shall be in writing and shall set forth the reasons for the withdrawal. Any
withdrawal of approval shall have prospective effect only, except for life
safety items.
(7)
The DRA shall reimburse the department an hourly monitoring
fee for expenses incurred outside headquarters in monitoring the performance
of the DRA.
(8)
DRAs or the department acting as a DRA may make red ink
corrections to documents provided the corrections meet all of the following
criteria:
(A)
limited to corrections of minor deviations;
(B)
the corrected items can be verified by reference to prescriptive
code requirements;
(C)
the change does not involve any change of design or require
design;
(D)
the red ink correction is valid for 10 working days and
may not be extended; and
(E)
the corrections must be numbered and initialed by the DRA
and the statement, "As noted with (number) corrections" shall appear near
the stamp of the council with the number of corrections entered.
(b)
In-plant documentation. The manufacturer shall provide
the DRA in-plant documentation that must, at the minimum, contain the following:
(1)
specifications or detail drawings for all materials, devices,
appliances, equipment, and fasteners used in construction;
(2)
detailed drawings of all assemblies and components (with
cross-sections as necessary to identify major building components);
(3)
floor plans for all models and options;
(4)
electrical schematics for all models and options;
(5)
water system and drain-waste-vent system drawings for all
models and options;
(6)
gas piping system drawings for all models and options;
(7)
mechanical system drawings for all models and options;
(8)
fire protection, fire safety, and exit details;
(9)
thermal resistance details;
(10)
heating, ventilation, and air conditioning details;
(11)
structural, thermal, and electrical load calculations;
(12)
weather resistance details;
(13)
condensation protection details;
(14)
decay protection details;
(15)
insect and vermin protection details;
(16)
fastening schedule;
(17)
assembly and connection instructions for all components,
materials, devices, equipment, and appliances;
(18)
on the floor plan or on the cover or title sheet for each
model or project in a title block format:
(A)
name and date of applicable codes;
(B)
identification of permissible type of gas for appliances;
(C)
maximum snow load (roof)(psf);
(D)
maximum wind speed (mph) and exposure;
(E)
seismic design criteria;
(F)
occupancy/use group type;
(G)
construction type;
(H)
special conditions and/or limitations;
(I)
the location of the data plate on the building or dwelling
unit; and
(J)
the location of the decal or insignia on each module or
modular component;
(19)
compliance control manual (reference subsection (c) of
this section); and
(20)
on-site construction documentation (reference subsection
(d) of this section).
(c)
Compliance control program. The utilization of mass production
techniques and assembly line methods in the construction of industrialized
housing, buildings, modules, and modular components along with the fact that
a large part of such construction cannot be inspected at the ultimate building
site, requires manufacturers to develop an adequate compliance control program
to assure that these structures meet or exceed mandatory code requirements
and are in compliance with the rules and regulations of this chapter. The
compliance control program shall be documented in the form of a manual that
must be approved by the design review agency or the department. The council
may waive the compliance control program as set forth in the rules upon written
request from the manufacturer. Waiver of the compliance control program shall
require that each module or modular component be individually inspected at
each and every stage of the manufacturing process. The manufacturer shall
provide the design review agency a compliance control manual that must, at
the minimum, contain the following:
(1)
a table of contents;
(2)
a chart indicating the manufacturer's organizational structure
to assure compliance and to assure that the compliance control staff shall
maintain independence from the production personnel;
(3)
a statement that defines the obligation, responsibility,
and authority for the manufacturer's compliance control program;
(4)
identification of compliance control personnel, their accountability
by position, responsibility for inspections, method of marking nonconformances
observed, and system for assuring corrections are made;
(5)
materials handling methods, including inspection checklists,
for receiving materials and methods for marking and removing rejected materials
both upon receipt and from the production line. The area for rejected materials
must be clearly indicated to assure that such material is not used;
(6)
a description of an identification system to mark each
individual module, or modular component, at the first stage of production
to assure appropriate inspection and rechecking of any deviation corrections;
(7)
a diagram of the manufacturing sequence with the plant
layout, including a description of the activities to be performed along with
a listing of those that may be performed at one or more stations;
(8)
an inspection checklist including:
(A)
a list of inspections to be made at each production station;
and
(B)
accept/reject criteria (each significant dimension and
component should be given tolerances);
(C)
an energy compliance checklist that enumerates the energy
code-compliance features of the module or modules and includes a signature
space for the compliance control inspector or manager. A copy of this checklist
shall be shipped with the module or modules.
(9)
step-by-step test procedures, a description of the station
at which each production test is performed, a description of required testing
equipment, and procedures for periodic checking, recalibration, and readjustment
of test equipment. Procedures shall be included for, but not limited to, electrical
tests as specified in the National Electrical Code, Article [
(10)
storage procedures for completed structures at the plant
and for any other locations prior to installation;
(11)
a statement indicating the person who is responsible for
compliance control at each manufacturing facility and who will assume responsibility
for decals and insignia, application of the decals and insignia, and the reporting
procedure;
(12)
a procedure for maintaining reliable, retrievable records
of the inspections performed, decal and insignia numbers assigned, the deficiencies
and how they were corrected, and the site to which the modules or modular
components were transported;
(13)
procedures and information to demonstrate how the modules
and modular components are to be transported to the building site so that
damage will not occur or that compliance deviations will not result (actual
transportation without damage or deviation is evidence sufficient to justify
the method); and
(14)
procedures that assure that the compliance control procedures
are complied with on all regulated structures. As a minimum, regulated structures
must be identified prior to commencing construction.
(d)
On-site construction specifications or documentation. All
work to be performed on the building site shall be specifically identified
and distinguished from construction to be performed in the manufacturing facility,
e.g., assembly and connection of all modules, modular components, systems,
equipment, and appliances and attachment to the foundation system. The work
to be performed on-site shall be described in detail in documents (architectural
sheets, specifications, instructions, etc.) which shall be made available
to the builder for use at the site and provided as required for review and
inspection to the agency having local authority. The manufacturer shall provide
the design review agency on-site construction documentation which must, at
the minimum, contain the following:
(1)
foundation system designs for all models in accordance
with the applicable mandatory building code;
(2)
details for module to module or modular component assembly
and connection;
(3)
details for connection and attachment of all modules and
modular components to the foundation system;
(4)
firestopping and draftstopping details;
(5)
details for fire exits, balconies, walkways, and other
site-built attachments;
(6)
exterior weatherproofing details;
(7)
details for thermal, condensation, decay, corrosion, and
insect protection;
(8)
electrical, mechanical, heating, cooling, and plumbing
system completion details;
(9)
electrical, mechanical, heating, cooling, and plumbing
system test procedures;
(10)
fire safety provisions; and
(11)
specifications and instructions for cooling equipment,
and complete information necessary to calculate sensible heat gain along with
information on the sizing of the air distribution system, if applicable, and
the R values of insulation in the ceiling, walls, and floors.
(e)
Unique on-site details. If the typical foundation drawing
in the on-site construction documentation is not suitable for a specific site,
or if the structure is only partially constructed of modular components, or
if the industrialized builder will add unique on-site details, a licensed
Texas professional engineer (or architect for one and two family dwellings
or buildings having one story and total floor area of 5,000 square feet or
less) shall design and stamp the unique foundation drawings or on-site details
and review by a DRA is not needed or required.
(f)
Non-site specific buildings. Whenever the manufacturer
does not know, at the time of construction, where the building is to be placed,
in lieu of providing the site specific construction details or typical site
construction details as required in subsection (d) of this section, the manufacturer
may provide special conditions and/or limitations on the placement of the
building. These special conditions and/or limitations will serve to alert
the local building official of items, such as handicapped accessibility and
placement of the building on the property, which the local building official
may need to verify for conformance to the mandatory building codes. Certain
site-related details, such as module to module connections, must still be
provided by the manufacturer. It is the responsibility of the DRA to verify
that such site-related details are included in the manufacturer's approved
design package.
§70.74.Responsibilities of the Registrants--Alterations.
(a)
The manufacturer shall not alter construction of the industrialized
house or building from the approved design package. Industrialized builders
or installation permit holders shall not alter construction performed at the
installation site from the approved on-site construction documentation except
in accordance with this section or §70.70(e). Alterations of industrialized
housing or buildings shall be as specified in this section.
(b)
An alteration of an industrialized house or building prior
to, or during installation, that results in a structure that does not comply
with the mandatory building codes is prohibited. An alteration after installation
of an industrialized building that is designed to be moved from one commercial
site to another commercial site that does not comply with the mandatory building
codes is prohibited. Alterations after installation of industrialized housing
or permanent industrialized buildings shall be in accordance with the requirements
of the local building code authorities.
(c)
Ordinary repairs
[
(d)
Alteration decals are used to
recertify
[
(e)
Alterations of industrialized housing and permanent industrialized
buildings.
(1)
Prior to, or during, installation
outside the jurisdiction of a municipality
. The industrialized builder,
or installation permit holder, shall submit the original approved
construction
documents
[
(2)
Prior to installation within the
jurisdiction of a municipality
. Alterations prior to installation within
a jurisdiction shall be in accordance with paragraph (1) of this subsection
.
[
(3)
During, or after, installation
within the jurisdiction of a municipality
. Approval of plans and inspection
of alterations shall be in accordance with the permitting and inspection procedures
of the municipality.
(f)
Recertification
[
(1)
Recertification class 1: to recertify a building that
is to be altered where original approved construction documents exist and
the building has not been previously altered. The
[
(A)
provide the design review agency the current value of the
building and a cost estimate for the alteration. With knowledge of the penalties
for false statements the industrialized builder shall certify that the current
value of the building and the cost estimate are true and accurate;
(B)
submit a copy of the original approved construction documents
for the building to the design review agency for reference purposes;
(C)
submit a copy of the
construction documents
[
(D)
not begin
construction of
the alteration of
the building prior to the approval of the
construction documents
[
(E)
have the
construction
[
[
[
(2)
Recertification class 2: to
recertify a building where original approved construction documents do not
exist. The industrialized builder shall:
(A)
have a structural analysis of the existing building
made by an engineer licensed to practice in Texas to determine the adequacy
of the structural systems in accordance with Chapter 16 of the current edition
of the International Building Code adopted in §70.100. The industrialized
builder shall submit a copy of this analysis and a set of plans depicting
the as built construction of the building to the design review agency for
review and approval in accordance with the requirements established by the
Texas Industrialized Building Code Council and with subsection (f)(6) of this
section. These documents shall include the serial number assigned by the manufacturer
and the Texas decal or insignia number of each module or modular component
contained in the building;
(B)
bring into compliance those areas of the building
identified by the structural analysis and the design review agency as not
in compliance with the mandatory building code. The industrialized builder
shall submit construction documents to bring the building into compliance
to the design review agency for review and approval in accordance with the
requirements established by the Texas Industrialized Building Code Council
and with subsection (f)(6) of this section;
(C)
if alterations are planned, then provide the
DRA the current value of the building and a cost estimate in accordance with
subsection (f)(1)(A) of this section and submit a copy of the construction
documents for alteration of the building to the DRA in accordance with subsection
(f)(1)(C) of this section;
(D)
have the building inspected by a third party
inspector in accordance with the procedures established by the Texas Industrialized
Building Code Council and subsection (f)(7) of this section to verify that
the building complies with the approved as built construction documents;
(E)
not begin construction to bring the building
into compliance, or to alter the building, prior to approval of the construction
documents. The construction shall be performed only by persons licensed to
perform this work; and
(F)
have the construction to bring the building
into compliance, and to alter the building, inspected by a third-party inspector
in accordance with the procedures established by the Texas Industrialized
Building Code Council and subsection (f)(7) of this section. A minimum of
one rough in inspection and a final inspection of the construction shall be
required.
(3)
Recertification class 3: to
recertify a building where original approved construction documents exist,
but the building has been altered from those plans and the building has not
been recertified in accordance with other paragraphs in this section. The
industrialized builder shall:
(A)
submit a copy of the original approved construction
documents for the building to the design review agency for reference;
(B)
submit a copy of construction documents that
depict the alterations or repairs to the building to the DRA for review and
approval in accordance with the requirements established by the Texas Industrialized
Building Code Council and with subsection (f)(6) of this section. Where structural
elements have been altered, a structural analysis of the existing building
made by an engineer licensed to practice in Texas to determine the adequacy
of the structural systems in accordance with Chapter 16 of the current edition
of the International Building Code adopted in §70.100 shall also be submitted.
The construction documents shall include the serial number assigned by the
manufacturer and the Texas decal or insignia number of each module or modular
component contained in the building;
(C)
if additional alterations are planned, then
provide the DRA the current value of the building and a cost estimate in accordance
with subsection (f)(1)(A) of this section and submit a copy of the construction
documents for alteration of the building to the DRA in accordance with subsection
(f)(1)(C) of this section;
(D)
bring into compliance those areas of the building
identified by the structural analysis or the design review agency as not in
compliance with the mandatory building codes. The industrialized builder shall
submit construction documents to bring the building into compliance to the
design review agency for review and approval in accordance with the requirements
established by the Texas Industrialized Building Code Council and with subsection
(f)(6) of this section;
(E)
have the building inspected by a third party
inspector in accordance with the procedures established by the Texas Industrialized
Building Code Council and subsection (f)(7) of this section to verify that
the building complies with the approved as built construction documents;
(F)
not begin construction to bring the building
into compliance, or to alter the building, prior to approval of the construction
documents. The construction shall be performed only by persons licensed to
perform this work; and
(G)
have the construction to bring the building
into compliance, and to alter the building, inspected by a third-party inspector
in accordance with the procedures established by the Texas Industrialized
Building Code Council and subsection (f)(7) of this section. A minimum of
one rough in inspection and a final inspection of the construction shall be
required.
(4)
Recertification class 4: buildings
that are to be altered again after recertification. The industrialized builder
shall:
(A)
submit a copy of all previous recertification
construction documents, including original and as built construction documents
where applicable, to the design review agency in accordance with the requirements
established by the Texas Industrialized Building Code Council and subsection
(f)(6) of this section;
(B)
include the alteration decal numbers from previous
recertifications on the construction documents for altering the building;
and
(C)
comply with subsections (f)(1)(A) and (f)(1)(C)
through (f)(1)(E) of this section.
(5)
Emergency repairs. Equipment
replacement and repairs, which do not qualify as ordinary repairs in accordance
with the mandatory building codes, that must be performed in an emergency
situation may be performed prior to recertification of the building. The industrialized
builder shall submit documents as necessary to recertify the building in accordance
with the requirements of subsections (f)(1) through (f)(3) within the next
working business day with the following exceptions.
(A)
The industrialized builder shall have 10 working
days to submit as built construction documents for the entire building where
required by the recertification requirements of subsections (f)(1) through
(f)(4).
(B)
The industrialized builder shall have 10 working
days to submit a structural analysis performed by an engineer licensed to
work in Texas where required by the recertification requirements of subsection
(f)(1) through (f)(4).
(6)
The industrialized builder
shall choose an approved DRA to perform the review and evaluation of all construction
documents for the recertification of an industrialized building. The builder
may choose a different DRA for different projects or buildings, but may not
change DRA's for a project or building once the plan review has begun without
prior written approval from the department. Construction documents submitted
to the DRA shall include all information pertinent to assuring compliance
with the mandatory building code and shall include structural, thermal, and
electrical load calculations. As built construction documents shall be reviewed
to determine the existence of any potential nonconformance with the provisions
of the mandatory building codes. The review and approval of construction documents
to recertify a building shall comply with the requirements of §§70.70(a)(2)
through 70.70(a)(4) and 70.70(a)(6) through 70.70(a)(8) with the following
exceptions.
(A)
Based on the engineering analysis and the DRA's
review of the as built construction documents, the DRA will prepare a report
to the industrialized builder that describes the nonconformances of the building
to be recertified.
(B)
The DRA will signify approval of a drawing,
specification, calculation, or any other document submitted for review and
approval by the application of the council's stamp of approval for altered
or recertified buildings.
(C)
The design review agency shall complete a recertification
transmittal form in accordance with the requirements of the Texas Industrialized
Building Code Council and forward a completed copy of the form to the department.
A copy of all documents pertinent to the recertification of the building shall
be supplied to the department upon request.
(D)
The design review agency shall forward a completed
copy of the recertification transmittal form and one approved copy of the
construction documents to the industrialized builder.
(E)
The design review agency shall keep a copy on
file of the original approved documents, the engineering analysis, and approved
construction documents for recertification of the building for 5 years from
the latest date of approval of the recertification or alteration construction
documents.
(7)
[
(A)
All plans pertinent to the
alteration or recertification shall be available for use by the third party
inspector during the inspection. A copy of the mandatory building codes shall
be available for the inspector's use during the inspection.
(B)
A rough-in inspection shall
be scheduled by the industrialized builder while construction is still open
to inspection. The inspector shall begin the inspection by verifying that
the units to be inspected are those depicted in the original approved, the
approved as built, or the previously approved recertification construction
documents and shall verify the original decal and serial number of each unit
to be inspected. The third party inspector may require the industrialized
builder to uncover portions of the building as necessary to verify compliance.
The inspection shall be terminated and the alteration decals returned to the
department if inspection reveals that the units have been altered from the
original approved, the approved as built, or the previously approved recertification
construction documents. The inspection shall be terminated and the alteration
decals returned to the department if inspection reveals that the units are
not those identified by serial number and decal number in the approved construction
documents.
(C)
A final inspection shall be
scheduled by the owner or industrialized builder after construction is completed.
(D)
Inspection of system testing
shall be scheduled by the industrialized builder as necessary to assure that
tests required by the mandatory building code are witnessed by the third party
inspector.
(E)
The industrialized builder
shall schedule a reinspection with the third party inspector wherever a deviation
from the approved plans is identified that cannot be corrected and inspected
during the rough-in or final inspection.
(F)
The inspector shall complete
a recertification inspection report on the forms and in the format required
by the department and the Texas Industrialized Building Code Council. A copy
of the inspection report shall be provided to the industrialized builder for
his records and submitted to the department upon request. The third party
inspection agency shall maintain records of all recertification inspection
reports for five years from the date of successful completion of inspections
for a building or project.
(G)
Only one inspection shall be
required where a building is recertified in accordance with subsection (f)(2)
or (f)(3) of this section and no construction is required to bring the building
into compliance or to complete alterations on the building. The inspector
shall verify that the units to be inspected are those depicted in the approved
construction documents and shall verify the original decal and serial number
of each unit to be inspected. The third party inspector may require the industrialized
builder to uncover portions of the building as necessary to verify compliance.
The inspection shall be terminated, and the alteration decals returned to
the department, if inspection reveals that the units have been altered from
the approved construction documents.
(H)
Only one inspection shall be
required where emergency repairs are performed in accordance with subsection
(f)(5) of this section and where further construction is not required to bring
the building into compliance with the mandatory building code. The inspector
shall verify that the units to be inspected are those depicted in the approved
construction documents and shall verify the original decal and serial number
of each unit to be inspected. The third party inspector may require the industrialized
builder to uncover portions of the building as necessary to verify compliance.
The inspection shall be terminated, and the alteration decals returned to
the department, if inspection reveals that the units have been altered from
the approved construction documents. The inspection shall be terminated and
the alteration decals returned to the department if inspection reveals that
the units are not those identified by serial number and decal number in the
approved construction documents.
(8)
[
(9)
The industrialized builder
shall maintain all records pertinent to the recertification and make these
records available to the Department upon request. Records shall be maintained
for as long as the building remains a part of the inventory for that builder.
(10)
Buildings constructed on or
after July 1, 2004 may only be recertified in accordance with subsections
(f)(1) or (f)4) without prior written authorization from the department.
(g)
A recertification or
[
(1)
the name, address, and registration number assigned by
the department of the industrialized builder, or the name, address, and installation
permit number assigned by the department of the owner of the house or building;
and
(2)
the Texas alteration decal numbers.
§70.101.Amendments to Mandatory Building Codes.
(a)
The council shall consider and review all amendments to
these codes which are approved and recommended by ICC, and if they are determined
to be in the public interest, the amendments shall be effective 180 days following
the date of the council's determination or at a later date as set by the council.
(b)
Any amendment proposed by a local building official, and
determined by the council following a public hearing to be essential to the
health and safety of the public on a statewide basis, shall become effective
180 days following the date of the council's determination or at such a later
date as set by the council.
(c)
The National Electrical Code shall be amended as follows.
(1)
Add to Article 310.1 the following statement: "Aluminum
and copper-clad aluminum shall not be used for branch circuits in buildings
classified as a residential occupancy; aluminum and copper-clad aluminum conductors,
of size number 4 AWG or larger, may be used in branch circuits in buildings
classified as occupancies other than residential."
(2)
Add to Article 110.14 the following statement: "Aluminum
and copper-clad aluminum conductors shall be terminated using approved compression-type
crimp lugs with approved inhibitors."
(d)
The International Building Code shall be amended as follows.
(1)
Revise §101.1 to read "These regulations shall be
known as the Building Code of the Texas Industrialized Housing and Buildings
program, hereinafter referred to as 'this code.'"
(2)
Delete Chapter 11 and replace with the Texas Accessibility
Standards (TAS) of Texas Government Code, Chapter 469, Elimination of Architectural
Barriers, dated April 1, 1994. Buildings subject to the requirements of the
Texas Accessibility Standards are described in Administrative Rules of the
Texas Department of Licensing and Regulation, 16 Texas Administrative Code,
Chapter 68, §68.21.
(3)
Revise Chapter 35, Referenced Standards, as follows.
(A)
Delete ICC/ ANSI A117.1-98, Accessible and Usable Buildings
and Facilities.
(B)
Add Texas Accessibility Standards (TAS) dated April 1,
1994.
(4)
Wherever reference elsewhere in the code is made to ICC/ANSI
A177.1, the Texas Accessibility Standards (TAS) shall be substituted.
(5)
Revise §101.2, Exception
2, to read "Existing buildings that are undergoing repair, alterations or
additions and change of occupancy shall comply with the
International Existing Building Code."
(e)
Section 101.1 of the International Fuel Gas Code shall
read as follows: "These regulations shall be known as the Fuel Gas Code of
the Texas Industrialized Housing and Buildings program, hereinafter referred
to as 'this code.'"
(f)
Section 101.1 of the International Plumbing Code shall
read as follows: "These regulations shall be known as the Plumbing Code of
the Texas Industrialized Housing and Buildings program, hereinafter referred
to as 'this code.'"
(g)
Section 101.1 of the International Mechanical Code shall
read as follows: "These regulations shall be known as the Mechanical Code
of the Texas Industrialized Housing and Buildings program, hereinafter referred
to as 'this code.'"
(h)
Section R101.1 of the International Residential Code shall
read as follows: "These provisions shall be known as the Residential Code
for One- and Two-Family Dwellings of the Texas Industrialized Housing and
Buildings program, and shall be cited as such and will be referred to herein
as 'this code.'"
(i)
The
International Existing Building Code
shall be amended as follows.
(1)
Section 101.1 shall read as follows: "These
regulations shall be known as the
Existing Building
Code
of the Texas Industrialized Housing and Buildings program, hereinafter
referred to as 'this code.'"
(2)
Revise Chapter 14, Referenced Standards, as
follows:
(A)
Delete ICC/ANSI A117.1-98, Guidelines for Accessible
and Usable Buildings and Facilities.
(B)
Add Texas Accessibility Standards (TAS) dated
April 1, 1994.
(3)
Wherever reference elsewhere in the code is
made to ICC/ANSI A117.1, the Texas Accessibility Standards (TAS) shall be
substituted.
(4)
Wherever reference elsewhere in the code is
made to chapter 11, or portions of chapter 11, of the
International Building Code
, the Texas Accessibility Standards (TAS)
shall be substituted.
(5)
Delete Chapter 10, Historic Buildings.
(6)
Section 1201.2 shall read as follows: "Structures
existing prior to July 1, 2004 in which there is work involving additions,
alterations, or changes of occupancy shall be made to conform to the requirements
of this chapter or the provisions of Chapters 4 through 9."
§70.102.Use and Construction of Codes.
(a)
Industrialized housing or buildings shall be constructed
to meet or exceed the mandatory building code standards and requirements
referenced in §70.100 and §70.101
in effect at the time of
construction.
A building that has not been previously occupied or used
for its intended purpose shall comply with the provisions of the mandatory
building codes referenced in §70.100 and §70.101 for new construction.
Industrialized housing and buildings shall be installed in accordance
with the mandatory building code standards and requirements referenced in §70.100
and §70.101.
(b)
Alterations of industrialized housing and
permanent industrialized
buildings shall be [
(c)
Industrialized buildings designed
to be moved from one commercial site to another commercial site shall be recertified
or altered in accordance with the mandatory building code standards and requirements
referenced in §70.100 and §70.101 and in accordance with §70.74.
Alterations of buildings shall comply with the standards and requirements
of the following codes for each type of recertification class.
(1)
Recertification class 1 and class 4: Alterations
shall comply with the International Existing Building Code as referenced in §70.101.
Alterations of buildings that have not been previously occupied or used for
their intended purpose shall comply with the provisions of the codes referenced
in §70.100 and §70.101 for new construction.
(2)
Recertification class 2 and class 3: The existing
building as altered, and additional alterations to the building, shall comply
with the provisions of the International Existing Building Code as referenced
in §70.101.
(d)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 14, 2005.
TRD-200500675
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: March 27, 2005
For further information, please call: (512) 463-7348
April 9, 2004
].
Subchapter C. REQUIREMENTS FOR NATURAL GAS PIPELINES ONLY
, or
] any fiscal year.
2003
] by each system operator on the Distribution Annual Report, Form
F7100.1-1, to be filed on March 15,
2005
[
2004
].
2004
], by $0.37.
2004
],
the amount calculated under paragraph (1) of this subsection.
and
]
.
]
(1)(A) and
(E)
] of this subsection, the operator who made the telephonic report
shall submit to the Commission a written report summarizing the accident or
incident. The report shall be submitted as soon as practicable within 30 calendar
days after the date of the telephonic report. The written report shall be
made in duplicate on forms supplied by the Department of Transportation. The
Division shall forward one copy to the Department of Transportation.
Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
(
]or if the average exceeds
3.3 seconds[
)
] at any answering location
in
[
for
a period of four days within
] any given month, the DCTU shall provide
a detailed corrective action plan for such exchange or wirecenter.
, calls to
the business office, and other calls
] shall be answered within 20 seconds
or average answer time shall not exceed 5.9 seconds. Benchmark for Corrective
Action: If the performance is
either
below 90% within 20 seconds
,
or
if
the average answer time exceeds 5.9 seconds at any
answering location for a period of five days within any given month, the DCTU
shall provide a detailed corrective action plan for such exchange or wirecenter.
for
a period of four days within
] any given month, the DCTU shall provide
a detailed corrective action plan for such exchange or wirecenter.
three per
100 access lines per month per exchange for a period of three consecutive
months
], the DCTU shall provide a detailed corrective action plan for
such exchange or wirecenter.
For purposes of this section, a large exchange
is defined as serving 10,000 or more access lines and a small exchange is
defined as serving less than 10,000 access lines.
Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
$100
].
$150
].
$50
] fee will be charged for issuing a
duplicate registration.
Chapter 70.
INDUSTRIALIZED HOUSING AND BUILDINGS
(9)
] Component--A sub-assembly,
subsystem, or combination of elements for use as a part of a building system
or part of a modular component that is not structurally independent, but may
be part of structural, plumbing, mechanical, electrical, fire protection,
or other systems affecting life safety.
(10)
] Decal--The approved form
of certification issued by the department to the manufacturer to be permanently
affixed to the module indicating that it has been constructed to meet or exceed
the code requirements and in compliance with this chapter.
(11)
] Design package--The aggregate
of all plans, designs, specifications, and documentation required by these
sections to be submitted by the manufacturer to the design review agency,
or required by the design review agency for compliance review, including the
compliance control manual and the on-site construction documentation. Unique
or site specific foundation drawings and special on-site construction details
prepared for specific projects are not a part of the design package except
as expressly set forth in §70.74.
(12)
] Design review agency--An
approved organization, private or public, determined by the council to be
qualified by reason of facilities, personnel, experience, demonstrated reliability
to review designs, plans, specifications, and building systems documentation,
and to certify compliance to these sections evidenced by affixing the council's
stamp. Chapter 1202 designates the department as a design review agency.
(13)
] ICC--International Code Council,
Inc., 5203 Leesburg Pike, Suite 708, Falls Church, Virginia 22041-3401.
(14)
] Industrialized builder--A
person who is engaged in the assembly, connection, and on-site construction
and erection of modules or modular components at the building site or who
is engaged in the purchase of industrialized housing or buildings or of modules
or modular components from a manufacturer for sale or lease to the public;
a subcontractor of an industrialized builder is not a builder for purposes
of this chapter.
(15)
] Insignia--The approved form
of certification issued by the department to the manufacturer to be permanently
affixed to the modular component indicating that it has been constructed to
meet or exceed the code requirements and in compliance with the sections in
this chapter.
(16)
] Installation--On-site construction
(see paragraph (26) of this section).
(17)
] Installation permit--A registration
issued by the department to a person who purchases an industrialized house
or building for his/her own use and who assumes responsibility for the installation
of the industrialized house or building. A person who applies for an installation
permit may not be engaged in the purchase of industrialized housing or buildings
or of modules or modular components for sale or lease to the public. A subcontractor
of an installation permit holder is not an industrialized builder for the
purposes of this chapter.
(18)
] Lease, or offer to lease--A
contract or other instrument by which a person grants to another the right
to possess and use industrialized housing or buildings for a specified period
of time in exchange for payment of a stipulated price.
(19)
] Local building official--The
agency or department of a municipality or other local political subdivision
with authority to make inspections and to enforce the laws, ordinances, and
regulations applicable to the construction, alteration, or repair of residential
and commercial structures.
(20)
] Manufacturer--A person who
constructs or assembles modules or modular components at a manufacturing facility
which are offered for sale or lease, sold or leased, or otherwise used.
(21)
] Manufacturing facility--The
place other than the building site, at which machinery, equipment, and other
capital goods are assembled and operated for the purpose of making, fabricating,
constructing, forming, or assembly of industrialized housing, buildings, modules,
or modular components.
(22)
] Model--A specific design
of an industrialized house, building, or modular component which is based
on size, room arrangement, method of construction, location, arrangement,
or size of plumbing, mechanical, or electrical equipment and systems therein
in accordance with an approved design package.
(23)
] Module--A three dimensional
section of industrialized housing or buildings, designed and approved to be
transported as a single section independent of other sections, to a site for
on-site construction with or without other modules or modular components.
(24)
] NFPA--National Fire Protection
Association, Batterymarch Park, Quincy, Massachusetts 02269.
(25)
] Nonsite specific building--An
industrialized house or building for which the permanent site location is
unknown at the time of construction.
(26)
] On-site construction--Preparation
of the site, foundation construction, assembly and connection of the modules
or modular components, affixing the structure to the permanent foundation,
connecting the structures together, completing all site-related construction
in accordance with designs, plans, specifications, and on-site construction
documentation.
(27)
] Open construction--That condition
where any house, building, or portion thereof is constructed in such a manner
that all parts or processes of manufacture can be readily inspected at the
building site without disassembly, damage to, or destruction thereof.
(28)
] Permanent foundation system--A
foundation system for industrialized housing or buildings designed to meet
the applicable building code as set forth in §§70.100, 70.101, and
70.102.
(29)
] Permanent industrialized
building--An industrialized building that is not designed to be transported
from one commercial site to another commercial site.
(30)
] Person--An individual, partnership,
company, corporation, association, or any other legal entity, however organized.
(31)
] Price--The quantity of an
item that is exchanged or demanded in the sale or lease for another.
(32)
] Public--The people of the
state as a whole to include individuals, companies, corporations, associations
or other groups, however organized, and governmental agencies.
(33)
] Registrant--A person who,
or which, is registered with the department pursuant to the rules of this
chapter as a manufacturer, builder, design review agency, third party inspection
agency, or third party inspector.
(34)
] Residential structure--Industrialized
housing designed for occupancy and use as a residence by one or more families.
(35)
] Sale, sell, offer to sell,
or offer for sale--Includes any contract of sale or other instrument of transfer
of ownership of property, or solicitation to offer to sell or otherwise transfer
ownership of property.
(36)
] Site or building site--A
lot, the entire tract, subdivision, or parcel of land on which industrialized
housing or buildings are sited.
(37)
] Special conditions and/or
limitations--On-site construction documentation which alerts the local building
official of items, such as handicapped accessibility or placement of the building
on the property, which may need to be verified by the local building official
for conformance to the mandatory building codes.
(38)
] Structure--An industrialized
house or building that results from the complete assemblage of the modules
or modular components designed to be used together to form a completed unit.
(39)
] Third party inspector--An
approved person or agency, private or public, determined by the council to
be qualified by reason of facilities, personnel, experience, demonstrated
reliability, and independence of judgment to inspect industrialized housing,
buildings, and portions thereof for compliance with the approved plans, documentation,
compliance control program, and applicable code.
550-12
]
550.17
, gas supply pressure tests, water supply pressure tests, drain-waste-vent
system tests, concrete slump tests, and concrete strength tests;
Repairs
] and work
exempt from permit requirements as specified in the mandatory building codes
referenced in §70.100
and §70.101
shall not be considered
alterations.
Ordinary repairs shall include the removal and replacement
of the covering of existing materials, elements, equipment, or fixtures using
like or the same new materials, elements, equipment, or fixtures that serve
the same purpose.
certify alterations of
] industrialized buildings
designed to be
moved from one commercial site to another commercial site
. Each decal
is assigned to a specific module or modular component. The control of the
decals shall remain with the department. The department will issue alteration
decals to the third party inspection agency responsible for the inspections
of the alterations upon application and payment of the fee for the decal by
the industrialized builder. By affixing the decal the industrialized builder
and third party inspection agency certify that the module has been altered
and inspected in accordance with the mandatory building codes and this section.
The third party inspector shall not affix the decal to any module where inspection
reveals that the
building
[
alteration
] does not comply
with the approved
recertification or
alteration
construction
documents
[
plans and specifications
] or the mandatory building
codes.
plans and specifications
] for the house or building,
as reference, along with a complete set of
construction documents
[
plans and specifications
] describing a proposed alteration to a design
review agency for approval prior to construction in accordance with the procedures
established by the Texas Industrialized Building Code Council.
The design
review agency responsible for review and approval of alteration construction
documents for a project, industrialized house, or permanent industrialized
building may not be changed without the written approval of the department.
Alterations on the house or building shall not begin prior to approval
of the
construction documents
[
plans and specifications
]
and shall be performed only by persons licensed to perform this work. Inspections
of alterations shall be performed by a third party inspector in accordance
with procedures established by the Texas Industrialized Building Code Council.
The third party inspection agency responsible for inspections for a project
may not be changed without the written approval of the department. An alteration
data plate shall be affixed to any house or building where the alteration
results in a reclassification of the occupancy group or construction type,
a change in the permissible type of gas required for appliances, or a change
in the wind speed and exposure, maximum snow (roof) load, seismic design criteria,
or special conditions or limitations. The data plate shall contain such information
as specified in subsection (g). All records pertinent to the alteration, including
a copy of the alteration data plate, shall be retained by the industrialized
builder or installation permit holder for a minimum of
10
[
5
] years
from the date of successful completion of the final inspection
and be made available to the department upon request
. All records
pertinent to the review and approval of the alteration construction documents
shall be retained by the DRA for a minimum of 5 years from the date of approval
and shall be made available to the Department upon request. All records pertinent
to the alteration inspections shall be retained by the TPIA for a minimum
of 5 years from the completion of the alteration construction and inspections
and shall be made available to the department upon request.
[
;
]
;
]
Alterations
] of
industrialized buildings designed to be moved from one commercial site to
another commercial site. An industrialized building
that has been certified
by application of a Texas decal in accordance with §70.77 and that is
designed to be moved from one commercial site to another commercial
site [
, that is altered,
] may be recertified
in accordance
with this section. A copy of the data plate on each building to be recertified
shall be submitted to the DRA responsible for the plan review and approval
of recertification and alteration documents. Repairs, other than ordinary
repairs as defined by the mandatory building codes, shall be considered alterations.
The industrialized builder shall purchase an alteration decal from the Department
to affix to each module that is recertified or altered. The alteration decal
shall be released only to the third party inspection agency responsible for
the alteration inspections
.
To recertify
the building the
] industrialized builder shall:
plans and specifications
] for alteration of the building to the design
review agency for review and approval in accordance with the requirements
established by the Texas Industrialized Building Code Council
and subsection
(f)(6) of this section
. The
construction documents
[
plans and specifications
] shall include the serial number assigned by
the manufacturer and the Texas decal number or insignia number of each module
or modular component;
alteration plans and specifications
] by the design review agency.
Construction
[
The alteration
] shall be performed only by
persons licensed to perform this work;
and
alteration
]
inspected by a third-party inspector in accordance with the procedures established
by the Texas Industrialized Building Code Council
and subsection (f)(7)
of this section
. [
The industrialized builder may not change the
third party inspector for a project once started without the written approval
of the department.
] A minimum of one rough in inspection and a final
inspection of the alteration construction shall be required [
;
]
(F)
maintain all records pertinent
to the alteration and make these records available to the Department upon
request; and]
(G)
purchase a decal from the
Department to affix to each module. The alteration decal shall be released
only to the third party inspection agency responsible for the alteration inspections].
(2)
] The third party inspector shall
affix the alteration decal to [
the
] each industrialized building
module or modular component upon completion of the construction and successful
completion of all required inspections
in accordance with this section
and the requirements of the Texas Industrialized Building Code Council
.
The decal shall be affixed in the vicinity of the original decal or insignia
on the module or modular component
as depicted on the approved construction
documents. The industrialized builder may not change the third party inspection
agency for a project or building once started without prior written approval
of the department
.
(3)
] An alteration data plate shall
be affixed to any building, in the vicinity of the original data plate on
the building,
and as depicted on the approved construction documents,
where the alteration
or recertification
results in a reclassification
of the occupancy group or construction type, a change in the type of gas required
for appliances, or a change in the wind speed and exposure, maximum snow (roof)
load, seismic design criteria, or special conditions or limitations. The data
plate shall contain such information as specified in subsection (g) of this
section. A copy of the data plate shall be retained by the industrialized
builder and be made available to the Department upon request.
An
] alteration
data plate shall be placed by the third party inspector on each altered
or recertified
house or building as required by this section. The data
plate shall be supplied by the industrialized builder or installation permit
holder. An alteration data plate shall be made of a material that will not
deteriorate over time and shall be permanently placed so that it cannot be
removed without destruction. The data plate shall be placed adjacent to the
original data plate in an easily accessible location as designated in the
alteration plans, but shall not be located on any readily removable item such
as a cabinet door or similar component. Location of the data plate on the
cover of the electrical distribution panel is acceptable. An alteration data
plate shall contain, as a minimum, the information required on a manufacturer's
data plate as required by §70.71(b)(2-11) plus the following information:
in accordance with
the mandatory building code standards and requirements referenced in §§70.100
and 70.101 and
] in accordance with §70.74
and shall comply
with the provisions of the codes referenced in §70.100 and §70.101
for new structures
.
(b)
] The codes adopted in §70.100
and §70.101
shall be construed to conform to the intent of Chapter
1202 and these rules and regulations. For example, where reference is made
in any of the codes to the building official, the plumbing or mechanical official,
or the administrative authority or enforcement official, such reference shall
be construed pursuant to Chapter 1202 and the sections in this chapter to
mean, where applicable, the council, the local building official, or the department.
Chapter 75.
AIR CONDITIONING AND REFRIGERATION CONTRACTOR LICENSE LAW